Six Months After a Misdemeanor Was Thrown Out in Court, Records Say I was Charged. How do I Fix This?

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“In 2005 I was charged with misdemeanor communicating a threat. At the court proceeding the Judge threw it out and ordered the plaintiff to pay court costs. Now after I applied for a job and answered the question of “have you ever been arrested and convicted of any criminal offense”  I answered “no”, but the employer thought I lied, so I went to the courthouse and looked at my criminal record and it said “guilty” of this charge and it was signed 6 months after the court date by the judge. What steps can I take?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Your first step should be to contact the Clerk of Court, to find out how to order a transcript of the original proceeding.  Order the transcript, and make sure that it actually says that it was thrown out, without a finding of ‘guilty’.  Then, assuming the transcript says what you believe it will, ask the Clerk of Court what steps you need to take to get the situation fixed.  If you get nowhere there, you will need to contact a local attorney to help you to have the record corrected.



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Author: House Attorney

A house attorney has answered this question.